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Unabom Suspect Loses Motion That No Charges Be Brought

A Federal district judge today denied defense lawyers' motion that no charges be considered against the Unabom suspect Theodore J. Kaczynski.

The defense had based that motion on the argument that the pool of potential members of the grand jury that is to consider evidence against Mr. Kaczynski had been exposed to too many news leaks by law-enforcement officials, much of the information concerning the results of the authorities' search at his remote mountain cabin.

But the judge, Charles C. Lovell, said at a hearing that although "it is entirely regrettable that these leaks" did occur, "they did not rise to the level of prejudice claimed by the defendant."

Judge Lovell also rejected the defense lawyers' fall-back motion: that he at least hold an evidentiary hearing on their contention that the pool of potential grand jurors had been so prejudiced that a fair consideration of whether to indict Mr. Kaczynski was impossible.

But Judge Lovell, speaking from the bench, said: "The defendant is not entitled to perfect treatment. It's not a perfect world. He is entitled to fair treatment. I think he has received fair treatment."

Mr. Kaczynki, short and very slight, attended the hearing in green shirt, khaki pants and black high-topped sneakers. He neither spoke nor showed any emotion. He sported a new, closely cropped haircut and trimmed beard, giving him an appearance very different from the way he looked when he was seized by Federal agents on April 3 at his cabin, outside the town of Lincoln, Mont.